Kerala High Court clarifies: Hostile work environment alone does not fall under PoSH Act

Introduction:

In a recent ruling dated 2 September 2025, the Kerala High Court clarified the scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”), holding that the creation of a hostile work environment, in the absence of any sexual conduct, does not fall within the statutory definition of sexual harassment.

The case arose when an employee of Amstor Information Technology (India) Pvt. Ltd. alleged that the Managing Director had created a hostile and abusive atmosphere, spread rumours, denied her salary, and ultimately terminated her service. A complaint was forwarded to the Local Committee (“LC”) by the District Collector, and the LC conducted an inquiry, directing the respondent to issue an apology, pay compensation, and establish an Internal Complaints Committee. These orders were challenged and initially quashed by a Single Judge, leading to a writ appeal before the Division Bench.

Court’s Observations

The High Court emphasized that under the PoSH Act, a written complaint is a mandatory prerequisite for the Committee to assume jurisdiction. In this case, the appellant had not submitted a written complaint herself, and the complaint forwarded by the Collector did not meet the statutory requirement.

Moreover, the Court highlighted that a hostile work environment alone, without any sexually coloured remarks, advances, physical contact, or other conduct of a sexual nature, cannot constitute sexual harassment. The Court observed that there must be a clear sexual nexus; workplace hostility arising from general disputes or administrative decisions cannot be converted into a complaint.

Procedural Lapses and Natural Justice

Additionally, the Court highlighted serious procedural lapses in the LC’s inquiry, noting that witness statements were recorded telephonically and the respondent was not provided an opportunity for cross-examination. Such violations of natural justice rendered the inquiry and its consequential directions unsustainable.

Based on these findings, the Division Bench upheld the quashing of the LC’s report and the Collector’s communication, reinforcing that the PoSH Act cannot be misapplied to ordinary labour disputes or general workplace conflicts.

Key Takeaways

This judgment is significant as it delineates the boundaries of the PoSH Act, clarifying that its provisions are intended to address sexual harassment specifically, and not every form of workplace hostility. It underscores the importance of adhering to statutory complaint procedures and maintaining procedural fairness during inquiries. Employers, HR professionals, and internal committees must ensure that complaints are evaluated strictly within the Act’s ambit, recognizing that remedies for ordinary workplace disputes lie outside the framework.